Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-09-15
THE DEATH KNELL
FOR THE CHICAGO ANARCHISTS.
The Illinois Supreme Court DecilsS That They
Must Hang.
NOVEMBER II FIXED As THE DAY.
The Question Of Appeal and Executive Glenn,
ency.

OTTAWA, ILL.,, September 14.-The An
arehists must hang.
The Supreme Court this morning delly-
cred an opinion in the famous case, affirm
ing the Judgment of the court below.
The execution is to take place November
IL, between and o'clock.
Just before the opening of the court ev-
cry one seemed to have a feeling that some
thing was going to happen. Before the
hours for conyening OF court lawyers and
reporters seemed to have that feeling, and
eOnversed with each other in subdued
tones. Even Barker, the janitor, who has
waited upon every Justice of the Supreme
Court that has sat upon the bench in Otta-
wa, tip-tOed around in opening and dust
ing the court room, ss if ne was afraid Of
breaking the deathly stiffness that per-
vaded the entire building. Deputy Smith
faltered and his voice trembled as he pro-
nOunced the Hear ye" As the Justices
filed into the court room, headed by Chief
Justice Sheldon, they appeared more dig
nifed than ever.
THE JUDGES AGITATED.
The Chief Justice waived his associates
to their seats, even more stately than his
wont, his nod to the Sheriff was more stiff,
and his open court" less audible than on
previous days of the term.
Justice Magruder appeared flushed and
nervous as he catered the court room, the
cause of which was evident a few minutes
later when Chief Justice Sheldon turned
to him and in a voice which would have
been inaudible save for the deathly still
ness which peryaded the room, said: Jus
tice Magruder, have you any announce
ments TO make?
The flushed appearance of the Justice
changed to that Of pallor, and his voice
was husky as he responded: August Spies
and others against the people Of the State
Of Illinois, No. 50, adyisement docket"
The Chief Justice neryously turned the
leaves of the court docket to the case in
dicated, when the Justice read the deci-
sion of the court in the Anarchist case. Z"
As he commenced reading, he regained
his composure His voice was clear and
distinct until the order fixing the death
penalty and date Of execution was reached,
when his reading became labored, his
voice husky, and his manner showed 1t
was with the greatest emotion that he per
formed the duty he had been delegated by
mis- associates to perform. Having voiced
the decision Of the court in the most cele-
brated case il has ever been called upon
to decide, the Justice who made the an
noucement at once left the bench and re-
tired to his room.
THEIR UNANIMOUS DECISION.
The opinion was written by Judge Ma
gruder, OF the Chicago District, and Is On
able exposition of the law and previous in
terpretation thereof by eminent jurlsts in
this country as well as Olthe Courts bearing
upOn the alleged and perhaps real errors IN
! this record.
In his work he was ably helped by each
| of the other six distinguished judges, who
name him their spokesman and through
/ him expressed their unanimous decision.
| The opinion covers 225 pages Of closely
written manuscript and contains about 56,
/ 900 words.
Opinion by Magruder. In this case the
| Judgment Of the Court below is affirmed as
70 all and ss to each and every one OF the
| defendants. An opinion has been pre-
pared setting forth the reasons Of the at
| frmation of the Judgment. The opinion
I Is now handed 20 the clerk to he tiled.
| Judge Skeldon announced that he con-
Cured in the opinion.
THE DEATH SENTENCE.
Judge SheldOn-In this case the Court
orders that the sentence of the Superior
\ Court of Cook county, OF the defendants
| in the indictment-August Spies, Samuel
Feilden, r. Parsons, AdOlph Fischer, En-
| gel Louis Lingg and MIcheal Schwab-be
| carried into effect by the Sheriff OF Cook
county on the lltb day OF November next,
on Friday, between the hours of 10 O'Clock
forenoon and 4 o'clock in the afternoon on
| that day.
Following is the announcement OF Judge
/ Mulkey:
''It is not my intention TO oder sepN,
rate opinion as / should have done. /
desire 10 avail myself of this occasion to
saw that while concur in the conclusions
| reached, and also in the general views as
entered in the opinion filed, do not wish
/ to be understood as holding that the record
is free from error, for do not think 1t Is.
[ IN nevertheless of the opinion that none
of the errors complained Of are OF such q
serious character as to require reversal oi
the judgment
In view of the number OF defendants
I on trial; the great length OF time con-
sumeI n the trial; the vast amount oi
testimony offereS sud passed upon by the
court, and the almost nnnneT!esS rulings
the court was required to make, the won
1 dsrnaent TO me is that the errors were not
more numefOEG, aud Of q more serious
| character than they are.
"In short, after having fully examined
the record and giving the questions aris'
ing on 1t my very best thought, with an
earnest and conscientious desire 20 faith
\ fully discharge my whole duty, am full
ly satisfied that the opinion reached vim
dicates the law and does complete justice
between the people of the State and the
defendants, rally warranted by the law
and the evidence"
FIXING THS BAIk.
The date Of the execution was not de-